Light coercions, A287 Revised Penal Code

1. Concept

Light coercions – under the Revised Penal Code, refers to the crime of seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt by means of violence.

a. Legal basis

Art. 287. Light coercions. - Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen thousand pesos (P15,000). x x x (As amended by R.A. 10951)

(Revised Penal Code)

2. Modes of commission

The following are the modes of committing the offense:

1) By seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt

a. Mode 1: Seizing debtor’s properties

Elements of the crime of light coercions:

1) That the offender is a creditor;

2) That the offender seizes anything belonging to his debtor;

3) That it is for the purpose of applying the same to the payment of the debt; and

4) That it was done by means of violence. (REVISED PENAL CODE, Article 287)

1) Element 1: Creditor

For the 1st element, the offender is a creditor.

NB: The offender is limited to a creditor of the private complainant who is the debtor. Thus, there is a creditor-debtor relationship between the offender and the private complainant.

2) Element 2: Seizing debtor...